HF 901

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; clarifying voting provisions 
  1.3             for overseas voters; expanding the use of facsimile 
  1.4             applications for absentee ballots; amending Minnesota 
  1.5             Statutes 2000, sections 203B.04, subdivision 1; 
  1.6             203B.16, subdivision 1; 203B.17, subdivision 1; and 
  1.7             204D.11, subdivision 4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 203B.04, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
  1.12  otherwise allowed by subdivision 2, an application for absentee 
  1.13  ballots for any election may be submitted at any time not less 
  1.14  than one day before the day of that election.  The county 
  1.15  auditor shall prepare absentee ballot application forms in the 
  1.16  format provided in the rules of the secretary of state and shall 
  1.17  furnish them to any person on request.  An application submitted 
  1.18  pursuant to this subdivision shall be in writing and shall be 
  1.19  submitted to:  
  1.20     (a) the county auditor of the county where the applicant 
  1.21  maintains residence; or 
  1.22     (b) the municipal clerk of the municipality, or school 
  1.23  district if applicable, where the applicant maintains residence. 
  1.24     An application shall be approved if it is timely received, 
  1.25  signed and dated by the applicant, contains the applicant's name 
  1.26  and residence and mailing addresses, and states that the 
  2.1   applicant is eligible to vote by absentee ballot for one of the 
  2.2   reasons specified in section 203B.02.  The application may 
  2.3   contain a request for the voter's date of birth, which must not 
  2.4   be made available for public inspection.  An application may be 
  2.5   submitted to the county auditor or municipal clerk by an 
  2.6   electronic facsimile device, at the discretion of the auditor or 
  2.7   clerk.  An application mailed or returned in person to the 
  2.8   county auditor or municipal clerk on behalf of a voter by a 
  2.9   person other than the voter must be deposited in the mail or 
  2.10  returned in person to the county auditor or municipal clerk 
  2.11  within ten days after it has been dated by the voter and no 
  2.12  later than six days before the election.  The absentee ballot 
  2.13  applications or a list of persons applying for an absentee 
  2.14  ballot may not be made available for public inspection until the 
  2.15  close of voting on election day. 
  2.16     Sec. 2.  Minnesota Statutes 2000, section 203B.16, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [MILITARY SERVICE; TEMPORARY RESIDENCE 
  2.19  OUTSIDE UNITED STATES.] Sections 203B.16 to 203B.27 provide 
  2.20  alternative voting procedures for eligible voters who are absent 
  2.21  from the precinct where they maintain residence because they are:
  2.22     (a) (1) either in the military or the spouses or dependents 
  2.23  of individuals serving in the military; or 
  2.24     (b) (2) temporarily outside the territorial limits of the 
  2.25  United States. 
  2.26     Sections 203B.16 to 203B.27 are intended to implement the 
  2.27  federal Uniformed and Overseas Citizens Absentee Voting Act, 
  2.28  United States Code, title 42, section 1973ff. 
  2.29     Sec. 3.  Minnesota Statutes 2000, section 203B.17, 
  2.30  subdivision 1, is amended to read: 
  2.31     Subdivision 1.  [SUBMISSION OF APPLICATION.] (a) An 
  2.32  application for absentee ballots for a voter described in 
  2.33  section 203B.16 may be submitted in writing or by electronic 
  2.34  facsimile device.  An application for absentee ballots for a 
  2.35  voter described in section 203B.16 may be submitted by that 
  2.36  voter or by that voter's parent, spouse, sister, brother, or 
  3.1   child over the age of 18 years.  For purposes of an application 
  3.2   under this subdivision, a person's social security number, no 
  3.3   matter how it is designated, qualifies as the person's military 
  3.4   identification number if the person is in the military. 
  3.5      (b) An application for a voter described in section 
  3.6   203B.16, subdivision 1, shall be submitted to the county auditor 
  3.7   of the county where the voter maintains residence. 
  3.8      (c) An application for a voter described in section 
  3.9   203B.16, subdivision 2, shall be submitted to the county auditor 
  3.10  of the county where the voter last maintained residence in 
  3.11  Minnesota. 
  3.12     (d) An application for absentee ballots for a primary shall 
  3.13  also constitute an application for absentee ballots for the any 
  3.14  ensuing general or special election conducted during the same 
  3.15  calendar year in which the application is received. 
  3.16     (e) There shall be no limitation of time for filing and 
  3.17  receiving applications for ballots under sections 203B.16 to 
  3.18  203B.27.  
  3.19     Sec. 4.  Minnesota Statutes 2000, section 204D.11, 
  3.20  subdivision 4, is amended to read: 
  3.21     Subd. 4.  [SPECIAL FEDERAL WHITE BALLOT.] (a) The names of 
  3.22  all candidates for the offices of president and vice-president 
  3.23  of the United States and senator and representative in Congress 
  3.24  shall be placed on a ballot printed on white paper which shall 
  3.25  be known as the "special federal white ballot." 
  3.26     (b) This ballot shall be prepared by the county auditor in 
  3.27  the same manner as the white ballot and shall be subject to the 
  3.28  rules adopted by the secretary of state pursuant to subdivision 
  3.29  1.  This ballot must be prepared and furnished in accordance 
  3.30  with the federal Uniformed and Overseas Citizens Absentee Voting 
  3.31  Act, United States Code, title 42, section 1973ff. 
  3.32     (c) The special federal white ballot shall be the only 
  3.33  ballot sent to citizens of the United States who are eligible to 
  3.34  vote by absentee ballot for federal candidates in Minnesota.